Commission adopts unfair terms guidance

The European Commission has adopted a guidance note on the Unfair Contract Terms Directive.  The note covers:

• the objectives and scope of the directive;
• key terminology such as “supplier” and “consumer” and “not individually negotiated” terms;
• relationship of the Directive with other national laws;
• the general unfairness test and transparency requirements – this part stresses the importance of national courts making assessments ;
• the non-binding character of unfair terms;
• remedies, guarantees and injunctions; and
• an overview of court cases and notifications.